Syed Mohammed Asad Ullah Hussaini Vs ACIT (ITAT Hyderabad)
Hand-Loan & Land Deal Denied — But Seized Papers Sink Assessee: ITAT Confirms Additions- No Evidence, Only Denial: Tribunal Upholds 153C Jurisdiction & Rs.60 Lakhs Additions
Hyderabad Tribunal dealt with additions arising from search in premises of Assessee’s in-laws where documents were seized naming Assessee. AO invoked 153C after tracing PAN & assessed Rs.35 lakhs as unexplained money u/s 69A (1/5th share of Rs.1.75 Cr hand-loan declared by borrower) & Rs.25 lakhs as unexplained investment u/s 69 for land purchase, based on borrower’s handwritten note. CIT(A) confirmed as Assessee did not appear or file evidence.
Before Tribunal, delay of 130 days in filing appeal was condoned on bona fide grounds supported by affidavit & SC ruling (Vidya Shankar Jaiswal). On jurisdiction, Tribunal held that satisfaction u/s 153C was recorded before completion of searched person’s assessment & fresh notice on correct PAN was only procedural. Seized declaration was signed by borrower, contained cheque numbers, flat/mulgy details, names of lenders & specific reference to Assessee; second document was in seller’s handwriting. Tribunal held these were not dumb documents & sufficiently related to Assessee. On merits, Tribunal noted that Assessee merely denied transactions & filed no evidence whatsoever — no bank statement, no rebuttal, no alternative explanation. Tribunal thus upheld both additions, holding AO’s action valid & CIT(A)’s decision proper. Appeal dismissed.
